May/June 2013

Cover Story

Do copyrights owned by public figures trump the right to report facts to the public? The hotly-contested issue was addressed in Monge v. Maya Magazines, Inc. The decision could affect not only newspapers and magazines but also scholars and historians.

Features

AIA legislation transformed foundational aspects of U.S. patent law with the intent to deliver greater transparency, objectiveness, and predictability. Patent attorneys must understand the changes to the AIA to avoid significant dangers.

Apple v. Samsung highlights important issues regarding the protection of confidential information and the sealing of evidence. Despite agreement between the parties that information should be filed under seal and remain protected, courts apply their own standards to the determination of whether information submitted into evidence may in fact be sealed.

Risks can arise from the simple act of copying text from one client’s published application or patent into another client’s application. Despite arguments that it is an accepted practice, liability may come in the form of copyright infringement or violation of a nondisclosure agreement with the client.

Social media platforms have proliferated on the Internet and millions of users upload content daily. In accordance with the DMCA, when infringing content is uploaded onto a social media platform, the copyright holder can issue a takedown notice, and a platform that fails to comply risks losing the benefit of the DMCA’s safe harbors.

The authors provide an overview of the relevant canons and disciplinary rules relevant to trademark practice and discuss best practices for contact with the USPTO during all phases of trademark prosecution and proceedings.

The USPTO published new ethics rules in April 2013. The new rules related to safekeeping and misconduct are discussed because they are more sweeping than, and include significant provision that are not found in, the Model Rules.

The Supreme Court of Canada released five decisions that address central copyright topics such as fair dealing, the collective administration of copyright, and digital copyright transactions. While these decisions clarify some areas of the law, they also raise many new questions.

Departments

In Gunn v. Minton, the Supreme Court was faced with the issue of whether state tort-law based professional malpractice claims stemming from federal patent infringement litigations should be brought in state or federal courts.